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(영문) 의정부지방법원 2015.09.15 2015노1597

협박등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) In order to identify the contact information of the victim E, the Defendant was found in the victim’s apartment in order to find out the contact information of the victim’s mother, and there was no intention to intrude into the residence. 2) In relation to the crime of intimidation, the Defendant sent mail, etc. to the victim in order to demand the victim’s apology against assault and verbal abuse, and thus, there was no intention of intimidation.

B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. Determination 1 on the argument regarding the crime of intrusion upon residence can be acknowledged by the evidence duly admitted and investigated by the lower court. A) Although the Defendant and C had sexual intercourse around March 2013, the Defendant filed a complaint against the Defendant to the crime of rape around May 2013.

B) Around May 2013 to June 2013, the Defendant had an uneasyed victim by sending a content-proof mail to C, i.e., “here” to the apartment of the victim E, who is his/her father, from around November 22, 2013, the Defendant sent the Defendant’s mail to C, and thereafter the victim refused to receive the Defendant’s mail.) On November 29, 2013, the date of the instant case, the victim sent the Defendant’s child accompanying his/her child from the head of the child care center, “Austland (the Defendant) was found to have been a third child, and the victim’s child was involved in the child care center, and the victim did not have any apprehension of contact with the Defendant.”